VISHNUDEO NARAYAN, J. - (1.) THESE appeals at the instance of the appellant State of Bihar (Now Jharkhand) have been preferred against the impugned judgment dated 21.8.1990 and the award dated 2.11.1990 respectively passed in Land Acquisition Case Nos. 3 of 1983 and 4 of 1983 by Shri Vishwambhar Upadhyay, Sub -Judge I, Ranchi whereby and whereunder the references under Section 18 of the Land Acquisition Act made by the respondents for determining the quantum of compensation for the land in acquisition were allowed and the compensation payable for the acquired land was determined @ 1,50,000/ -per acre and besides that respondents were also allowed solatium and interest thereon under the provisions of the 'Land Acquisition (hereinafter referred to as the Act).
(2.) THE respondents have also filed cross -objection in both the appeals for the enhancement of the compensation of the land under acquisition @ Rs. 8,40,000/ -per acre. The appellant State had acquired 31 decimals of land of plot No. 584/1 of Khata No. 134 of respondent Aruna Devi and 62 decimals of plot No. 594/2 of Khata No. 134 of respondents Krishna Kumar Sinha and Vijaya Devi situate in village Katha Gonda @ Dar Gonda, P.S. and District Ranchi as per requisition of the Union of India, Ministry of Energy and Coal regarding extension of the Jawahar Nagar Colony of the CCL for construction of residential quarters of its officers and notification dated 8.5.1981 under Section 4(1) of the said Act was published in the District Gazette on 1.6.1981 and the same was locally published on 10.7.1981. The declaration dated 21.9.1981 under Section 6 of the said Act was also published in the District Gazette on 25.10.1981. The relevant notifications under Sections 7, 9 and 11 of the said Act were also published on 1.12.1981, 12.1.1982 and 20.1.1981 respectively. The land under acquisition is Tand I land. The appellant State after enquiry prepared the rate report for determining compensation of the acquired land and determined the compensation in respect thereof @ Rs. 70,350/ - per acre payable to the respondents and award No. 1 and award No. 2 were, accordingly prepared in the name of respondent Aruna Devi as well as respondents Krishna Kumar Sinha and Vijaya Devi respectively. The respondents have received the amount of compensation so determined on 24.3.1982 under protest. The possession of the land under acquisition was taken by the appellant State and it was made over to the CCL on behalf of the Union of India on 19.2.1982.
(3.) THE respondents filed their respective petitions under Section 18 of the said Act before the Collector Ranchi on 29.3.1982 in respect of award No. 1 and award No. 2 in Land Acquisition Case No. 55 of 1981 -82 to make reference to the Land Acquisition Court for determining the proper quantum of compensation payable to them. The Collector referred the matter to the Land Acquisition Court, Ranchi under Section 19 of the said Act on 8.2.1983 vide its order dated 18.11.1982.;